Wisconsin Granting Clause
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FAQ
706.09 Notice of conveyance from the record. (1) When conveyance is free of prior adverse claim. A purchaser for a valuable consideration, without notice as defined in sub.
The granting clause contains the verbiage of transfer of any right, claim, or privilege an individual has toward land or real property (interest) while the habendum clause defines the estate granted and outlines the extent of the interest conveyed.
The granting clause is the part of the verbiage in an instrument of conveyance, such as a deed to real estate, that actually transfers the grantor's interest (owner's interest) to the grantee's interest (buyer's interest).
On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest.
Granting Clause: The clause in the deed that lists the grantor and the grantee and states that the property is being transferred between the parties.
Typical granting clauses include language such as ?oil, gas, and other minerals,?2 ?oil and all gas of whatsoever nature or kind,?3 or some variation of these simplistic descriptions.
States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, ...
A habendum clause is a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee or lessee. In a deed, a habendum clause usually begins with the words "to have and to hold".
